Financial Channel

Can anyone advise me of this. I have not been able to get a clear answer.
I was involved in a motorcycle accident last weekend. The driver that hit me was at fault. My insurance company has paid me the value of the motorcycle minus the 500.00 deductibule that I had on it. Can I sue the driver of the car that nearly killed me in this accident under the michigan mini tort or any other law to recoup the 500.00 that I lost in this accident.
Thanks Dave

I don't know the answer to your question, but I suspect no because you have subrogated or given your rights to your insurance company in exchange for the settlement. If they collect more than they paid paid you, that excess has to be refunded to you. I suspect that it doesn't often happen.

Michigan doesn't include motorcycles in its "motor vehicle" no fault laws ("'Motor vehicle' as used in this chapter, except for section 3103, means a vehicle, including a trailer, operated or designed for operation upon a public highway by power other than muscular power which has more than 2 wheels."), so you should try making a claim for your uninsured losses (i.e., your deductible) with the other driver's insurance company to see if they will simply pay. (Even if motorcycles were defined as "motor vehicles", you can normally recover up to $500 in uninsured losses due to damage to a motor vehicle through Michigan's mini-tort law.) As fxston points out, there may be subrogation issues - but the other driver's insurance company will tell you if they have already settled a claim with your insurance company, so I would start by trying to make a claim directly with the other driver's insurance.

The reason people have insurance is so they don't have to sue and get lawyers. If you pay your deductible, you give your insurance company a mutual interest in pursuing the other party and yes, you give up your rights to pursue them. You can ask your adjuster about the subrogation process and if there is a good chance you can get your deductible back. The subrogation process can takes months though. Or the at fault carrier may be able to directly issue you payment.